JUDGE DISMISSES SUIT BY FREELANCE JOURNALISTS

San Diego 
A judge has dismissed a federal lawsuit filed by two freelance journalists who claimed that the San Diego Police Department and Sheriff’s Department unfairly prevented them from gathering news.

James “J.C.” Playford, a freelance photojournalist and videographer from Ramona, and Edward Peruta, owner of American News and Information Services in Connecticut, filed the lawsuit in September.

In it, they claimed that the law enforcement agencies tried to censor Playford, who files information to American News, by arresting him, seizing his cameras and denying him a police-issued press credential.

The agencies have described Playford as a nuisance or unwelcome distraction, whose aggressive tactics interfere with investigations.

In a Monday ruling, U.S. District Judge Irma Gonzalez dismissed the lawsuit without prejudice, giving the plaintiffs 21 days to refile if they choose to do so. Both said Tuesday they intend to refile the case.

The judge dismissed a couple of Playford’s and Peruta’s claims because the statute of limitations had expired. One involved a Feb. 28, 2010, incident in which Playford was denied access to an area in Ramona where sheriff’s deputies were responding to an alleged assault. The other occurred March 9, 2010, when deputies responded to reports of a woman making threats in a parking lot.

In both incidents, Playford was arrested for obstructing or delaying a police officer.

The judge said the plaintiffs failed to properly state a violation of their rights. Gonzalez noted that law officers kept Playford from entering some crime or accident scenes the same way as they had with the general public. Therefore, she said, it was not a First Amendment violation.

On other occasions, Playford’s cameras were seized as evidence related to lawful arrests, which does not constitute violations of the Fourth Amendment.